Karnataka High Court
Orange County Resorts And Hotels ... vs Karnataka Electricity Regulatory ... on 23 January, 2025
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NC: 2025:KHC:2838
WP No. 2962 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 2962 OF 2024 (GM-KEB)
BETWEEN:
ORANGE COUNTY RESORTS AND HOTELS LIMITED
COMPANY INCORPORATED UNDER
THE PROVISIONS THE COMPANIES ACT, 1956
HAVING ITS REGISTERED ADDRESS AT 2ND FLOOR
ST. PATRICK'S BUSINESS COMPLEX
NO.21, MUSEUM ROAD
BENGALURU-560025
REP. BY ITS AUTHORIZED SIGNATORY
MANAGING DIRECTOR GEORGE T. RAMAPURAM
...PETITIONER
(BY SRI. SHRIDHAR PRABHU, ADVOCATE)
Digitally AND:
signed by
PRAMILA G 1. KARNATAKA ELECTRICITY REGULATORY COMMISSION
V (KERC) HAVING ITS OFFICE AT NO.16 C-1
Location: MILLARS TANK BED AREA
HIGH VASANTHANAGARA
BENGALURU - 560 052
COURT OF (REP. BY ITS CHAIRMAN)
KARNATAKA
2. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED
(HESCOM)
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT NAVANAGAR
HUBBALLI-580025
(REP. BY ITS MANAGING DIRECTOR)
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NC: 2025:KHC:2838
WP No. 2962 of 2024
3. CHAMUNDESHWARI ELECTRICITY COMPANY LIMITED
(CESC)
A COMPANY REGISTERED UNDER
THE PROVISIONS OF COMPANIES ACT, 1956
REGISTERED OFFICE AT NO.29
VIJAYANAGARA, 2ND STAGE, HINKAL
MYSURU-570017
(REPRESENTED BY ITS MANAGING DIRECTOR)
4. KARNATAKA POWER TRANSMISSION CORPORATION
LIMITED
A GOVERNMENT COMPANIES INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956
HAVING CORPORATE OFFICE AT KAVERI BHAVAN
K G ROAD
BENGALURU - 560 009
(REPRESENTED BY ITS MANAGING DIRECTOR)
...RESPONDENTS
(BY SRI. B.N.PRAKASH, ADV. FOR R1;
SRI. SHAHBAAZ HUSSAIN, ADV. FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO a) CALL FOR RECORDS FROM
THE RESPONDENTS. b) QUASH THE ORDER DATED 19/12/2023
PASSED IN OP NO. 02/2023 BY THE R1 PRODUCED AT ANNEXURE-A
CONSEQUENTLY AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
The petitioner is assailing the order dated 19.12.2023 in O.P. No.02/2023 passed by 1st respondent/the Karnataka Electricity Regulatory Commission. The petitioner has also sought direction against respondents No.2 to 4 to refund lapsed -3- NC: 2025:KHC:2838 WP No. 2962 of 2024 units generated and wheeled into respondents' grid system from 1st November, 2019 to 31st July, 2021. Alternatively petitioner sought a direction against 3 rd respondent to repay excess tariff collected.
2. Heard the learned counsel appearing for the petitioner and the respondents.
3. It is an admitted factual position that the petitioner and respondent No.2 & 4 entered into Wheeling and Banking Agreement on 07.11.2009 and a Supplemental Wheeling and Banking Agreement was executed on 29.12.2012 to include 3 rd respondent. Said agreement was for 10 years. Before the expiry, petitioner requested for renewal of the Wheeling and Banking Agreement. The Agreement came to be renewed on 31.07.2021 allowing wheeling. The Agreement was renewed with effect from 07.11.2019. Later, a supplementary agreement was executed on 11.02.2022 with effect from 07.11.2019 allowing banking.
4. Learned counsel for respondent No.2 on instruction from respondent No.2 submits that the prayer for crediting of -4- NC: 2025:KHC:2838 WP No. 2962 of 2024 energy units as prayed in prayer - C be granted to the petitioner without treating the order as a precedent.
5. Learned counsel for the petitioner submits that the petitioner may be granted one year time to use this energy credit.
6. It is submitted that one year time provided is in terms of the Wheeling and Banking Agreement agreed upon by the parties.
7. This Court is also noticed that first respondent Commission has given retrospective effect to the renewed Wheeling and Banking Agreement in terms of the supplementary agreement dated 11.02.2022. This is the finding of first respondent Commission. This finding of the Commission is not questioned.
8. Under these circumstances, this Court does not find any impediment to grant the prayer - C subject to the petitioner paying applicable charges. Hence, the following: -5-
NC: 2025:KHC:2838 WP No. 2962 of 2024 ORDER
i) The writ petition is allowed in part;
ii) The order dated 19.12.2023 passed in O.P. No.02/2023 by the first respondent is quashed; and
iii) The energy credited to the account of the petitioner shall be used within one year, with effect from today, with applicable charges.
No order as to costs.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE KG List No.: 1 Sl No.: 34